Current through 2024-38, September 18, 2024
Landfill applications must include all information necessary
to address the requirements of 06-096 CMR ch. 400 and this Chapter. The
applicant must receive a positive determination of public benefit, if subject
to
38 M.R.S.A.
§1310-AA, and written comments on its
PIR from the Department prior to submitting an application to license a
landfill. The submission must include all pertinent data and calculations. An
application will be accepted as complete for processing when the Department
determines that the entire application fee has been received, that the
application form is properly filled out, and that information is provided for
each of the items required by the forms.
A.
General Information
(1)
Site and Surroundings Map.
The application shall include a map, or series of maps, at a scale of 1 inch =
500 feet, or larger engineering scale, showing the facility site in relation to
existing surrounding natural and man-made features. The maps must include the
area within 2000 feet of the perimeter of the facility site, and must clearly
show the location of the proposed solid waste boundary, waste handling areas,
and the property boundary. It must also show all flood plain boundaries, lakes,
ponds, springs, streams, surface water diversions, wells (differentiate between
public water, domestic, industrial and other), utilities, public water supply
watershed areas, wellhead protection areas, significant sand and gravel
aquifers, federally-defined wetlands, 10 foot contour interval lines, existing
buildings or structures, roads, recorded rights-of-way, conservation areas,
unique areas, historic sites, and local zoning.
(a) Existing contour maps such as those
prepared by the U.S. Geological Survey or provided from municipal government
sources may be enlarged and utilized, if sufficiently accurate to clearly
locate the features listed above.
(b) Ground-controlled photogrammetric maps
are required to support ground water flow modeling used to evaluate ground
water flow and contaminant transport analysis, as appropriate.
(2)
Aerial
Photographs. Aerial photos taken within the past year, giving complete
stereo coverage of the area within 2000 feet of the perimeter of the facility
site must be submitted. The scale of the photographs must be 1 inch equal to or
less than 500 feet. The proposed facility site boundary and the property
boundary must be clearly outlined on one photo.
B.
Site-Specific Investigation.
Each application for a landfill must include the results of an investigation to
gather the information to complete the site assessment report as described in
section 2(C). The investigation, including surficial and bedrock geology,
ground water flow conditions and ground water quality, must meet the
requirements of this subsection and must provide sufficient data to simulate
contaminant transport analysis as required in section 2(G).
(1) Geological Investigations. Subsurface
investigations are required in sufficient numbers and locations to properly
describe the surficial stratigraphy and bedrock beneath and adjacent to the
proposed solid waste boundary. This investigation must extend beyond the solid
waste boundary and beneath the proposed facility site to confirm that setbacks
from any stratified sand and gravel deposits, significant sand and gravel
aquifers, fractured bedrock aquifers, and other sensitive receptors will be
attained as applicable.
(a) The bedrock
investigation must be sufficient to describe at least the following:
(i) Bedrock lithology;
(ii) Structure, including the nature, degree
and continuity of fracturing;
(iii)
Aquifer characteristics; and
(iv)
The degree of weathering.
(b) The applicant shall conduct hydraulic
conductivity tests in all critical strata in a sufficient number of locations
to adequately assess the variability of hydraulic conductivity. Pump tests must
be conducted at selected locations as needed to evaluate aquifer yield and
connectivity of bedrock fractures.
(c) Hydrogeological site conditions to be
considered in selecting landfill design, including time of travel to sensitive
receptors, must be identified.
(2)
Ground and Surface Water
Investigation. The following are required as part of the ground and
surface water investigation.
(a) The
installation of water table observation wells and open standpipe piezometers in
numbers and locations sufficient to determine horizontal and vertical ground
water flow gradients and for phreatic surface observations is required. These
instruments must be read at a frequency sufficient to identify the seasonal
extremes of groundwater fluctuations. Piezometers and water table observation
wells must be installed at a sufficient number of locations to enable
calculation of ground water time of travel to all identified sensitive
receptors.
(b) For
a new landfill, site characterization monitoring must be performed and reported
in accordance with the requirements in 06-096 CMR ch. 405 for ground water and
surface water.
(c) For expansion of
an existing landfill, the applicant must submit a summary and interpretation of
all the ground and surface water quality data obtained to date.
(3)
Geotechnical
Investigation. The site investigation must gather sufficient
corroborative field and laboratory data to support the stability assessment and
the settlement assessment required under section 2(F).
C.
Site Assessment Report. The
purpose of the site assessment report is to identify site characteristics and
provide recommendations for landfill design and construction, identify all
potentially impacted sensitive receptors, and assess ground water flow time of
travel. The site assessment report for a landfill must include a narrative and
all the information gained from the site-specific investigation program. It
must integrate this information, focus on aspects of site suitability for
landfill development, and must identify and evaluate all site limitations. This
report shall also include supporting documentation and the following
information:
(1)
Maps, Drawings and
Sections. Maps, drawings and sections all drawn to the same horizontal
scale must be prepared and submitted according to the requirements of this
paragraph. Unless otherwise specified, maps and drawings must be at a scale of
one inch equals 100 feet or larger
.
(a) A topographic base map must be used for
all maps and drawings included in the site assessment report. Cross-section
elevations must be drawn to the same elevation datum as the maps.
(b) A surficial geologic map must be
submitted. Proposed locations of the solid waste boundary and leachate
management system components must be shown on this map. Geologic contacts
appearing on this map and all cross-sections shall be drawn as solid lines
where observed and as dashed lines where inferred.
(c) Geologic cross-sections to describe the
site geology must be submitted. Cross-sections, including one or more drawn
parallel to the ground water flow direction, must show all hydrogeologic units,
including bedrock, beneath the facility site. The vertical scale must be 1 inch
= 5 feet or 1 inch = 10 feet for stratigraphic thicknesses of up to 50 feet,
and 1 inch = 10 feet or 1 inch = 20 feet for stratigraphic thicknesses over 50
feet. The locations of the subsurface investigations used to construct these
sections must be shown on the cross sections. The locations of nearby
subsurface investigations along with their respective offset distances must be
projected to these cross-sections. Preliminary locations of the solid waste
boundary, leachate management system components, the existing base grade, the
constructed base preparation grade, and the intersections of other
cross-sections must be shown.
(d)
An isopach map of surficial deposits must be submitted.
(e) A bedrock contour map must be submitted.
Contour intervals of 10 feet for moderately sloping bedrock (greater than 5%)
and 5 feet for gently sloping bedrock (less than or equal to 5%) must be
used.
(f) At least two phreatic
surface contour maps must be submitted to demonstrate seasonal high and low
ground water conditions. Contour intervals of 5 feet for a water table slope
greater than 5% and 2 feet for a water table slope less than 5% must be used.
The data used to construct the maps must also be shown.
(g) The applicant must provide vertical flow
nets, consisting of equipotential and flow lines as appropriate, for each cross
section required by this subsection. Cross-sections and flow nets may be
superimposed if clarity and legibility are maintained.
(h) A detailed drawing or drawings, clearly
indicating:
(i) The existing grade of the
site, as established by a topographic survey on the ground, and the proposed
initial and final grades. For slopes of 5% or greater, 5 foot contour intervals
may be used; 2 foot contour intervals are required if the slope is less than
5%.
(ii) The location of all test
pits, borings, and other explorations.
(iii) The location and elevation of the
permanent onsite surveying benchmark(s).
(iv) The property boundary when located
within 500 feet of the facility site.
(v) The location of protected natural
resources and drainageways when located within 500 feet of the facility
site.
(vi) The location of existing
and proposed water supply wells or water supply springs when located within
1000 feet of the solid waste boundary.
(vii) The location of existing and proposed
access roads.
(viii) The location
of all proposed surface and ground water quality monitoring points.
(ix) The location and identification of
buffer zones and visual screening provisions.
(x) The location of the proposed solid waste
boundary and all proposed waste handling area boundaries.
(2)
Time of Travel
Calculations. Piezometers and water table observation wells must be
installed at a sufficient number of locations to enable a calculation of ground
water time-of-travel from the bottom of the landfill and leachate pond liner
systems to all identified sensitive receptors. Unless site-specific information
or other pertinent data exists to establish a greater porosity, calculations
must assume an effective porosity for flow of not greater than 0.1. The
calculations must also assume that all soil is saturated. Information utilized
for these calculations must include in-situ hydraulic conductivity test
results. Imported soils used for base preparation below liner
systems may be used to account for up to three years in the time of travel
calculations for purposes of assessing the need for improvement allowances
provided that: the imported soils are used in conjunction with at least one of
the improvement allowances in Table 1 [see Section 2.D(2)], the imported soils
have an hydraulic conductivity no greater than 1x10-5 cm/sec. and no less than
1x10-7 cm/sec., and the
time of travel for the imported soil is calculated assuming an effective
porosity of 0.1 unless sufficient specific information exists to demonstrate a
greater effective porosity.
(3)
Geotechnical Results. The applicant must provide the results of
the geotechnical investigation as required by section 2(B)(3). Analysis of the
results must demonstrate that the field and laboratory data collected are
corroborative and are sufficient to support the stability assessment and the
settlement assessment required under sections 2(F)(1) and
2(F)(2).
D.
Design
Standards for Landfills. The engineering design for a proposed landfill
must meet the following design standards as well as achieve the performance
standards of section 1(C). At facilities where ground water monitoring in
bedrock is anticipated or is being conducted and disturbance of soil material
within 5 feet of the bedrock surface is proposed, the applicant must
demonstrate that such disturbance will be minimized to the greatest extent
possible so that the long-term monitorability of the facility site is
maintained. Alternatives to the design standards and requirements of this
subsection may be proposed by the applicant. The applicant must make a
demonstration of technical equivalency through the alternative design process
of section 2(E) of this Chapter or through a request for a variance under the
provisions of 06-096 CMR ch. 400, section 13.
(1)
Liner System Requirements.
Landfill liner systems for landfills licensed under sections 1-6 of this
Chapter must meet the following requirements.
(a) Liner systems must include at least a
composite liner consisting of a geomembrane and a barrier soil layer. The
geomembrane must have a nominal thickness of 60 mils. The barrier soil layer
must be a minimum of 24 inches of recompacted clay or well graded till
containing a minimum of 35 percent fines. The barrier soil layer must meet the
requirements of this subsection, and be placed in at least three lifts. Base
preparation beneath the barrier soil layer must be adequate to provide a firm
foundation for construction of the barrier soil layer in order that the
requirements of this subsection can be met throughout the entire thickness of
the barrier soil layer. A Geosynthetic Clay Liner (GCL) may substitute for up
to 12 inches of the barrier soil layer component of the liner system. For GCL
substitutions, the barrier soil layer must be placed in two lifts.
(b) Landfills sited where development within
the solid waste boundary will disturb soil material within five feet of the
bedrock surface in more than 5% of the disturbed area must also incorporate a
single 40 mil HDPE liner and a leak detection system or a composite liner and a
leak detection system into the liner system. These additional liner components
may be credited as time of travel offsets in accordance with section
2(D)(2).
(c) A leachate collection
system must be incorporated in the design above the liner system.
(d) Each liner system componentmust have a
hydraulic conductivity less than or equal to 1x10-7 cm/sec.
(e) Any geomembrane proposed for use in a
landfill liner systemmust meet:
(i) GRI GM-13
(Revision 11, 2012) standards, if available; and
(ii) Performance requirements for the
proposed application.
(f) Any barrier soil layer proposed for use
in a landfill liner systemmust have the following characteristics:
(i) A Liquid Limit greater than or equal to
20, and a Plasticity Index greater than or equal to 8 but less than or equal to
30. Glacial till soils do not need to meet these requirements;
(ii) A minimum fines content of 35%;
and
(iii) A maximum particle size
of less than or equal to 3 inches, except as
noted in subparagraph (g)(v) below.
(g) Any barrier soil layer proposed for use
in a landfill liner systemmust be designed to produce a homogeneous layer that
eliminates soil clods and preferential flow paths, protect the geomembrane from
puncture
, and reduce hydraulic conductivity to
the maximum extent practicable. To accomplish this the barrier soil layer must
meet the following requirements:
(i) Have a
minimum compacted thickness of 2 feet;
(ii) Have a minimum in-place density of 90%
of the maximum dry density as measured by ASTM D-698 (Standard Proctor)
(2012);
(iii) Be compacted using a
kneading action to remold the soil within 0-4% above optimum moisture content
as determined using ASTM D-698 (Standard Proctor) (2012);
(iv) Have a maximum compacted lift thickness
of 9 inches and provide a means to ensure lift interface bonding; and
(v) Have a maximum stone size less than or
equal to 1/2 inch in the surface layer that will be the prepared surface for a
geomembrane, or 1 inch in the surface layer that will be the prepared surface
for a GCL.
Applicants proposing test pad programs in accordance with
the requirements of section 2(F)(12) may propose alternative criteria to the
Plasticity Index and minimum fines requirements of section 2(D)(1)(f)(i) and
(ii) and to the maximum dry density and the optimum moisture content
requirements of subparagraphs (ii) and (iii) above in accordance with the
results and conclusions of the test pad program. If the applicant proposes an
alternative to the minimum in-place density, the applicant shall submit for
review and approval a revised stability and settlement assessment performed in
accordance with the requirements of section 2(F).
(2)
Improvement Allowance System. An applicant may demonstrate that
the intent of the 6 year ground water time of travel performance standard has
been met for a new landfill or for an expansion of an existing landfill by
incorporating design, monitoring or contingency planning improvements. The
improvement allowance offsets in Table 1 may be added to the existing ground
water time of travel to achieve the minimum 6 year time of travel to sensitive
receptors.
The improvement allowances in Table 1 afford sufficient
design, monitoring or management benefits to provide the equivalent time of
travel offsets specified in the table. Other alternative improvement allowances
may be considered by the Department if the applicant can demonstrate that the
alternative allowance equals or exceeds the performance standard of the listed
allowance. For the purposes of this subsection, one offset is equivalent to one
year of ground water time of travel.
TABLE 1
|
Improvement Allowance Description
|
Offset
|
|
1a.
1b.
|
Addition and monitoring of a leak detection system
underlain by a 40 mil HDPE liner beneath the primary liner system;
or
Addition of composite liner(s) and a leak detection
system
|
2
3
|
|
2.
|
Artificial creation and maintenance of ground water
discharge conditions into the facility structures
|
1
|
|
3.
|
Creation of a contingency plan including necessary
action trigger levels and remedial action funding mechanisms
|
2
|
|
4.
|
Creation of an innovative performance monitoring
program and/or creation of an intensive environmental monitoring program
exceeding the standards of 06-096 CMR ch. 405.
|
To be determined, but no more than 2
|
|
5.
|
For the expansion of an existing facility only, and
in conjunction with at least the addition of a composite liner and leak
detection system, the addition of engineered systems that will improve existing
ground and/or surface water quality conditions.
|
To be determined, but no more than 2 |
For improvement allowances numbers 4 and 5, the offset value
will be determined by the Department based on the purpose and benefits of the
proposed program or system.
(3)
Base Preparation below Liner
Systems. Constructed base materials below liner systems are subject to
the following requirements.
(a) The base
material must have a minimum in-place density of 90% of the maximum dry density
as determined by ASTM D-698 (Standard Proctor) (2012).
(b) The base material must be compacted
within 0-4% above optimum moisture content as determined using ASTM D-698
(Standard Proctor) (2012).
(c) The
base materials must be adequate to provide a firm foundation for construction
of the liner system in order to ensure that the liner design standards can be
achieved throughout the entire thickness of the liner system. Expansions that
include a liner system over areas where waste has previously been disposed are
required to provide reinforcement in the base material or liner system in order
to protect the integrity of the engineered systems. This requirement applies
unless the applicant can demonstrate that reinforcement is not necessary to
protect the integrity of the engineered systems.
(d) Base materials must contain sufficient
fines to result in an hydraulic conductivity of less than or equal to 1 x 10-5
cm/sec. The applicant must submit and receive Department approval of plans,
specifications, and construction quality assurance (CQA) measures for the
placement of base materials. Plans, specifications, and CQA measures must
minimize preferential flow paths within the base materials or at the base
material and native soil interface.
(e) The maximum allowable compacted lift
thickness is 9 inches.
(4)
Leachate Conveyance System and
Storage Structure Standards. Leachate conveyance systems and storage
structures must be designed in accordance with the standards of this section,
and include appropriate factors of safety where applicable.
(a) Leachate Conveyance Systems are subject
to the following standards.
(i) The leachate
collection system must be designed to convey the predicted leachate flow, using
the peak monthly impingement rate onto the collection system over the life of
the landfill cell, so that the leachate head on the primary liner does not
exceed the thickness of the drainage media or 12 inches, whichever is less.
Leachate head must be calculated for the most critical conditions over the life
of the landfill cell after the placement of the first lift of waste has
occurred in the cell. The leachate head criteria does not apply in sump areas.
Leachate generation estimates must be based on a minimum 15 year climatic
database and include the precipitation from a 25 year, 24 hour storm event
occurring during a wet period in the analysis. Leachate generation estimates
may be derived by modeling through a standard method such as "Hydrologic
Evaluation of Landfill Performance (HELP) Model", (EPA/600/R-94/168a and
EPA/600/R-94/168b), or may be based on actual leachate generation data from
similarly designed, located, and operated landfills provided that a minimum of
15 years of data are available that either includes or simulates the
precipitation from a 25 year, 24 hour storm event. Run-on/run-off control
systems and consolidation water expelled from the waste must be considered in
the analysis.
(ii) Leak detection
systems must be designed to detect leaks from each cell's primary liner system
within 30 days, and have sufficient hydraulic capacity to transmit the flow
associated with the Action Leakage Rate for the facility. The sampling and
monitoring locations and protocol must be designed to eliminate the need for
confined space entry or to allow non-permit confined space entry in compliance
with OSHA standards.
(iii) All
components of the leachate collection and leak detection systems must be
designed to withstand the stresses due to dynamic and static loading conditions
and climatic effects expected over the life of the landfill.
(iv) The leachate collection system must be
designed so that its performance can be monitored or evaluated to insure that
it is operating as designed.
(v)
The leachate collection and leak detection pipes must have a minimum diameter
of six inches and be designed to allow equipment access for routine cleaning,
inspection, and maintenance.
(vi)
Geosynthetic and soil filters must be designed and located to minimize clogging
of the collection and detection systems.
(vii) A protective system must be provided
for the primary liner and the leachate collection system. Protective systems
must consider freeze/thaw effects from liner and leachate collection system
exposure to climatic effects, erosion, and puncture during repairs or waste
placement. Protective systems during operations may consist of select waste
such as paper mill sludge and tire chips, provided the select waste is
permitted for acceptance at the landfill.
(viii) Leachate collection and leak detection
system transport pipes may penetrate through the liner system below the level
of waste when exiting a landfill only when the penetration area is designed
with leak detection and has the practical capability of being
repaired.
(ix) The leachate
transport system must be designed to convey the design flows from the leachate
collection and detection systems.
(x) All components of the leachate transport
system must be designed to withstand the stresses due to dynamic and static
loading conditions and effects of climatic changes expected over the life of
the landfill.
(xi) The leachate
transport system must be designed to provide for sampling and flow monitoring
of the leachate before the leachate enters the storage structure. The sampling
and monitoring location(s) and protocol must be designed to eliminate the need
for confined space entry or to allow non-permit confined space entry in
compliance with OSHA standards.
(xii) Leachate transport pipes must be
designed to allow equipment access for routine cleaning, inspection, and
maintenance.
(xiii) Leachate
transport systems outside the solid waste boundary must be designed to allow
leak testing and/or monitoring, inspection, and repair. Except for HDPE
structures that are monolithic or constructed with thermal fusion joints,
gravity systems hydraulically designed to be full of leachate under normal
conditions, such as pipelines between storage structures and pump station
wetwells, must have secondary containment to ensure rapid leak detection and
collection.
(b) Leachate
Storage Systems are subject to the following standards.
(i) The leachate storage design capacity must
be based on the leachate quantity predicted to be generated under the most
critical conditions anticipated over the life of the landfill. The design
storage capacity must consider leachate management limitations relating to
transportation and disposal, recirculation, and / or pretreatment, as
applicable. Additional volume equal to two feet of freeboard or 25% of the
design storage capacity, whichever is greater, must be provided. Leachate
generation estimates must be based on the methods established in section
2(D)(4)(a).
(ii) Storage structures
must be designed to withstand the stresses due to dynamic and static loading
conditions and the effects of climatic changes expected over the life of the
landfill.
(iii) Storage structures
must be designed to allow inspection and maintenance.
(iv) Overflow prevention measures and a means
to monitor and measure leachate depth must be provided.
(v) Storage pond systems must have a liner
system consisting of a geomembrane primary liner, a leak detection system, and
a composite secondary liner. The primary and secondary liners must meet the
requirements of section 2(D)(1). The leak detection system must be designed to
detect leaks from the primary liner system within 24 hours, and have sufficient
hydraulic capacity to transmit the flow associated with the Action Leakage Rate
for the facility. Leak detection system sampling and monitoring locations and
protocol must be designed to eliminate the need for confined space entry or to
allow non-permit confined space entry in accordance with the standards of
29 CFR
1910.146 [i] as amended up to July 1,
2014.
(vi) For storage tank
systems:
a. The materials and construction
procedures for tanks, tank support structures, and secondary containment
structures must be in accordance with applicable industry standards and
nationally accepted codes of practice. Surfaces vulnerable to corrosion must be
protected. Interior surfaces must be compatible with the leachate being stored.
b. Above ground and on ground
tanks must be designed with a means for rapid detection of leaks and a
secondary containment structure. The secondary containment structure must be
sufficiently impermeable to contain spilled leachate for a long enough period
to allow detection and cleanup to take place. The volume available for
containment must not be less than 110 percent of either the largest tank within
the containment system or the total volume of all interconnected tanks,
whichever is greater. Containment structures must be designed to manage and
remove stormwater.
c. Underground
tanks must be double-walled and be designed for interstitial monitoring.
(5)
Landfills Located in a Seismic Impact Zone. Facility structures,
including liners, leachate collection systems, and surface water control
systems for new landfills and expansions of existing landfills must be designed
to withstand the maximum horizontal acceleration in lithified earth material
having a 90% probability of not being exceeded in 50 years and in 250 years.
The 50 year analysis is to be applied to the construction and operation
periods. The 250 year analysis is to be applied to the post-closure
period.
(6)
Phased
Operations. The landfill must be designed for phased operations based on
estimated waste acceptance rates to ensure coordination with the design
performance of the engineered systems. Phased operations must: sequence waste
and cover placement, control run-on and run-off in accordance with the
facility's stormwater management plan, plan for leachate management, protect
the liner system against freeze and thaw effects, and maintain
stability.
E.
Alternative Design Process. Alternatives to the minimum design
standards and requirements of section 2(D) may be proposed by the applicant. A
variance request pursuant to the provisions of 06-096 CMR ch. 400, section 13
is not required for proposals which meet the requirements of this paragraph.
The applicant shall submit the following documentation to clearly and
convincingly demonstrate technical equivalency of the proposed alternative:
(1) A discussion of the benefits of the
proposed alternative technology.
(2) A discussion of the risks and drawbacks
of the proposed alternative technology.
(3) An assessment of similar applications of
the proposed alternative technology.
(4) A demonstration that the alternative
technology will provide equal or superior performance to the component it is
proposed to replace, or that its inclusion within a system will result in equal
or superior performance of that system.
(5) An assessment of the feasibility of
constructing the proposed alternative, including the ability to provide an
adequate level of quality assurance and quality control. A demonstration of the
feasibility of construction may be required.
(6) An assessment of the likelihood that the
proposed alternative will perform as designed through landfill operations,
closure, and post-closure periods.
F.
Engineering Report for
Landfills. The engineering report for landfills must present the basis
for the engineering design and the proposed construction procedures. It must
discuss site specific factors considered during design and address design
selection for the liner system, the leak detection system, the leachate
collection, transport and storage system, the gas management system, and
operational and final cover systems, as applicable. The report must also
include a narrative evaluating the potential modes and significance of failures
in engineered systems. All calculations and assumptions used in the evaluation
and design of the proposed facility site must be submitted, including data
developed for the geotechnical analysis and information supporting geosynthetic
design, filter design, pipe designs, culvert
sizes, dewatering rates and hydraulic conductivities. The report must include
the following information:
(1)
Stability Assessment Submission. A stability assessment for the
landfill and leachate storage pond structures must be submitted. The stability
assessment must include analysis of potential failure planes which pass through
or along: the foundation soils, the waste mass, and/or the liner system
components for both static and seismic conditions. The stability analyses must
be supported by corroborative field and laboratory data that defines the site
geology and hydrogeology, the geotechnical characteristics, the waste mass
characteristics, and the geosynthetic characteristics, as applicable.
If approved by the Department, strength gain of the
foundation soils may be taken into account when addressing the requirements of
subparagraphs (a) and (b) below. The minimum factors of safety listed below may
be modified by the Department, depending on site-specific risk factors and
conditions.
(a) Static stability
assessments are subject to the following requirements.
(i) The minimum factor of safety must be 1.3
during construction and operation periods, and 1.5 during the post closure
period. For facilities that have been approved by the Department to use
strength gain of the foundation soils in the stability assessment, the minimum
factor of safety may be reduced from 1.5 to 1.3 during the first five years of
the post closure period.
(b) Seismic stability assessments are subject
to the following requirements:
(i) The minimum
factor of safety must be 1.1 when designed to withstand the maximum horizontal
acceleration in lithified earth material having a 90% probability of not being
exceeded in 50 years. This requirement applies to the construction and
operations periods.
(ii) The
minimum factor of safety must be 1.0 when designed to withstand the maximum
horizontal acceleration in lithified earth material having a 90% probability of
not being exceeded in 250 years. This requirement applies to the post-closure
period.
(iii) The maximum bedrock
horizontal acceleration must be determined based on a seismic hazard map or a
site-specific seismic risk assessment and must be modified to account for the
influence of the site soils, engineered components, and the waste
mass.
(iv) Unless otherwise
approved by the Department, the seismic stability assessment must include an
evaluation of permanent deformation, an evaluation of waste and soil strength
loss due to cyclic loading, and an evaluation of liquefaction
potential.
(2)
Settlement Assessment Submission. An assessment must be made to
predict total and differential settlement of landfill liners and leachate
management structures. This assessment must include a demonstration that liners
and leachate management structures will maintain their integrity and
performance at maximum predicted settlements. A plan view showing settlement
contours must be submitted when predicted landfill base settlements exceed two
feet.
(3)
Stability and
Settlement Monitoring Plan. Unless otherwise approved by the Department,
a stability and settlement monitoring plan, must be submitted for the
construction and operations periods. Monitoring plans for modes of failure
governed by foundation soils must include the use of instrumentation installed
into the foundation soils. The monitoring plan must incorporate the
conclusions, recommendations, and requirements of the stability assessment
submitted under section 2 (F)(1)(a) and (b) and the settlement assessment
submitted under section 2(F)(2). The monitoring plan must include reporting
requirements to the Department, including an interpretation of the monitoring
results by qualified personnel.
(4)
Water Balance Submission. An assessment must be made of the volume
of leachate, including consolidation water, to be generated by the landfill
during operations, closure, and post-closure periods. As determined by the
Department, a standard method for determining leachate quantity must be used,
such as "Hydrologic Evaluation of Landfill Performance (HELP) Model",
(EPA/600/R-94/168a and EPA/600/R-94/168b).
(5)
Leachate Management
Submission. Leachate management methods include on-site leachate
recirculation and/or pretreatment, treatment, discharge, and off-site transport
to a licensed waste water treatment facility for treatment and disposal.
On-site leachate recirculation must be done within lined landfill areas that
have active leachate management, if applicable. Also if applicable, on-site
treatment and discharge of leachate must be licensed in accordance with the
provisions of 38 M.R.S.A. §413
et seq.
The following must be submitted as part of the engineering
report:
(a) A description of the
leachate management method selected.
(b) A complete design for the leachate
conveyance and storage system in accordance with the requirements of section
2(D)(4).
(c) As applicable, a
complete design for on-site recirculation or ancillary facilities necessary to
support treatment systems, and/or ancillary facilities necessary to support
off-site treatment and disposal. The design for on-site treatment and/or
pre-treatment systems must be sufficient to demonstrate that the containment
design(s) are consistent with the conveyance, storage, and monitoring
requirements for the rest of the facility. The discharge must be licensed in
accordance with the provisions of 38 M.R.S.A. §413 et
seq.
(d) An evaluation of
expected leachate quality over the active life of the landfill to determine the
need for pretreatment.
(e) A
leachate management plan, including a narrative description and drawings of the
leachate conveyance, storage, and pretreatment or treatment system. The plan
must also include:
(i) A sewerage service or
transport contract, or letter of intent to accept and treat the leachate except
when leachate will be transported and treated by the facility owner.
(ii) An Action Leakage Rate (ALR) and a
Response Action Plan (RAP) for facilities with a leak detection system in the
landfill liner system and/or storage structure. The ALR is the basis for
monitoring primary liner or storage structure performance during facility
operations, closure, and post closure. The RAP must be developed for
implementation in the event that the ALR is exceeded, and include provisions
for Department notification.
(iii)
A contingency and response plan for:
a.
Significant failure modes identified in the leachate conveyance, storage, and
on-site pretreatment and/or treatment systems. Significant failure modes are
those that adversely impact the performance of the leachate management system
in a manner that could rapidly result in a direct discharge of leachate to the
environment.
b. Leachate disposal
limitations at contracted treatment facilities.
As applicable, the plan must include a letter of intent or
service contracts for proposed contingencies.
(iv) A proposal for monitoring leachate
quality and quantity in accordance with the requirements of 06-096 CMR ch.
405.
(v) A maintenance,
inspections, and testing plan for the leachate conveyance, storage and
pretreatment and/or treatment systems.
(vi) A proposal to monitor and/or evaluate
the performance of the leachate collection and transport systems, including
monitoring for leaks.
(vii) A
proposal to monitor and control the depth of leachate in the storage structure,
including identification for each season of the normal range of operating depth
in the structure.
(6)
Gas Management Submission
(a) An assessment of the gas management
methods available and the method(s) chosen for use at the proposed landfill
must be submitted. The assessment must include:
(i) An estimate of type, volume, and
concentration of landfill gas or gases to be generated during operations,
closure, and post-closure;
(ii) An
evaluation of gas migration potential;
(iii) A gas monitoring program in conformance
with the requirements of section 4(C)(11); and
(iv) A detailed description of the methods to
be used for installation of the gas collection or venting system, including a
phasing plan, if applicable.
(b) The applicant shall also submit
sufficient information to demonstrate conformance with the requirements of 40
CFR 60 Subpart WWW[ii] as amended up to July 1, 2014.
(7)
Cell Development Plan. The
application must include a cell development plan for phased operations of the
landfill to meet the design standard of section 2(D)(6). The plan must consist
of a conceptual plan for the life of the landfill and a detailed plan for an
initial two year period.
The conceptual plans must include narrative and drawings
that address: layout of the cells, projected grades at key intervals, and
approximate years for development of each cell. Detailed plans must include
narrative and drawings that address: layout of cells, projected grades,
location and timing of intermediate and/or final cover, location and
construction of cell access, any relevant aspects of leachate and stormwater
management measures, any relevant aspects of erosion and sedimentation control
measures, and other pertinent facility-specific features.
The cell development plan may include a proposal for rapid
waste mass stabilization through leachate recirculation and delayed placement
of cover provided that there are sufficient funds to operate and maintain the
facility until final closure occurs, including collection and treatment of all
leachate prior to placement of permanent final cover. The intent of rapid waste
mass stabilization is to minimize the long-term risk from the landfill by
actively accelerating the process of leaching contaminants from the waste
before the end of the post-closure period.
(8)
Phased Final Cover System
Proposal. An applicant may apply to construct a phased final cover
system throughout the operational life of the landfill. To be considered for
approval, the application must include all the applicable information required
in sections 5(D), and 5(G) through 5(M) as well as information to address
specific problems which may result from phased construction of a final cover
system.
Application for final closure as required by section 5 must
still be made at least one year prior to the anticipated final closure of the
landfill. A phased final cover system documented to have been constructed in
accordance with the approved plans and specifications will be accepted as the
cover system element of final closure provided that the facility is not posing
an unreasonable risk to public health or the environment at the time of final
closure, as documented in the Site Assessment Report of section 5(F).
(9)
Waste Storage, Staging,
and Burn Areas Design Submission. For facilities proposing waste storage
and staging areas outside of the solid waste boundary, and/or a burn area for
wood wastes and/or wood from construction/demolition debris as part of the
facility site, a design and operating plan must be submitted. The storage and
burn areas must be designed and operated in accordance with the storage and
burn area requirements of 06-096 CMR ch. 402 sections 2 and 4, and must be
located at a distance from water quality monitoring points sufficient to avoid
contamination. The plan must provide for controls to manage potentially
contaminated run-off and prevent the discharge of contaminants to the
environment.
(10)
Waste
Characterization and Design Compatibility Submission. The wastes
proposed to be accepted at the landfill must be characterized to enable the
Department to determine that the wastes to be landfilled are non-hazardous and
suitable for disposal in accordance with the proposed design, and to support
the analytical parameters proposed in the environmental monitoring plan. The
applicant must provide the following information for each type of waste
proposed to be accepted for disposal at the landfill.
(a)
Physical Characteristics. A
general description of each waste type to be disposed of, along with estimates
of the unit weight, projected volume, and characteristics applicable to
stability and landfill settlement must be submitted. The information must be
supported by corroborative field and laboratory data as applicable.
(b)
Chemical Characterization.
The applicant shall submit an initial chemical characterization and a proposal
for on-going characterization for each waste type to be accepted based on
actual test results where available, on results for similar wastes from other
facilities or as published in the technical literature. Municipal solid waste,
wood waste, construction/demolition debris, and land clearing debris are exempt
from this requirement. The initial chemical characterization and the proposal
for on-going characterization must be in conformance with the requirements of
06-096 CMR ch. 405.
(c)
Assessment of Compatibility with Other Waste Types. Where more
than one waste type is proposed for disposal at a landfill, the applicant must
submit sufficient information to demonstrate compatibility of the different
waste types. This assessment must include the following:
(i) Physical stability;
(ii) Chemical stability; and
(iii) Potential reaction products and
consequences when wastes are mixed, including effects on leachate quality and
volume.
(d)
Assessment of Compatibility with Engineered Systems. The applicant
shall provide the following information to determine whether the proposed waste
types are compatible with landfill, storage and staging area components.
(i)
Qualitative Evaluation of
Compatibility. A qualitative evaluation of all landfill and waste
storage and staging area components (liner materials, piping, geotextiles,
etc.) and characteristics of the proposed waste types to determine
compatibility must be submitted. This evaluation must include an up-to-date
literature search and a synopsis of all information that the applicant used in
making a determination of acceptable compatibility. Reference sources must be
listed.
(ii)
Existing Testing
Data. When requested by the Department, available EPA method 9090 test
results must be provided to ensure that the proposed landfill components are
compatible with the expected leachate.
(iii)
Testing of Components.
When requested by the Department and when test data are not available, the
applicant must provide for the testing of landfill components in accordance
with EPA method 9090. Test results must be provided to the Department.
Applicants for proposed special waste facilities that have not yet generated
leachates should attempt to locate similar leachates for testing purposes.
Testing in accordance with EPA Method 9100 may be required for landfill soil
components on a case by case basis.
(11)
Surface Water Control
Plans. The applicant must submit two surface water control plans: an
erosion and sedimentation control plan which meets the standards and submission
requirements of 06-096 CMR ch. 400, section 4(J) and a stormwater management
plan which meets the standards and submission requirements of 06-096 CMR ch.
400, section 4(M).
(12)
Test
Pads Submission. Applicants may propose a barrier soil test pad program
to demonstrate that the proposed barrier soil material and construction methods
will result in a barrier soil meeting the standards of section 2(D)(1). The
test pad program must be approved by the Department prior to the start of the
test pad construction. Demonstration of the success of the test pad program in
consistently achieving the required standards may allow the applicant to reduce
the reliance on in-place hydraulic conductivity testing. The program must:
(a) Specify the procedures to characterize
the properties of the barrier soil at the borrow source;
(b) Specify the procedures to develop the
construction methods to consistently achieve the required density, moisture
content, and hydraulic conductivity;
(c) Specify the dimensions and the testing
protocol for the test pad; and
(d)
Specify the criteria that will be used to define a successful test pad
program.
(13)
Special Construction Requirements. At facilities where ground
water monitoring in bedrock is anticipated or is being conducted, the applicant
shall submit information on all measures to be taken to minimize the
disturbance of soil material within five feet of the bedrock surface.
G.
Contaminant Transport
Analysis. The applicant shall provide a thorough analysis of the
proposed site and the adjacent area that could be affected during operation and
after closure of the landfill, in the event of releases of contaminants to
groundwater beyond engineered systems. The purpose of this analysis is to
assess the potential for an unreasonable threat to all identified sensitive
receptors and to identify any operational or monitoring measures needed to
ensure protection of the sensitive receptors. The potential for an unreasonable
threat to a sensitive receptor is an arrival time of less than 6 years from the
landfill or less than 3 years from leachate storage structures and pump
stations of a concentration of a pollutant which would result in contamination
of that sensitive receptor.
(1)
Analysis. The contaminant transport analysis must be conducted
using information obtained through the site specific investigation. For
expansions of existing landfills, applicants must distinguish to the extent
possible between any contaminant releases from the existing landfill and from
the proposed expansion. Unless site-specific information or other pertinent
data exists to establish a greater porosity, calculations must assume an
effective porosity for flow of not greater than 0.1. Information utilized for
these calculations must include in-situ hydraulic conductivity test results. A
report must be submitted that addresses the area of the source, the initial
concentration, mass transport and flow paths. It must project the extent and
quality of plumes and the concentration of plumes and time of arrival at all
identified sensitive receptors plotted in annual increments until steady state
is approached, for the following scenarios:
(a) Contaminant transport from the landfill,
leachate storage structures, and pump stations assuming maximum operational
leachate generation rates, quantities, and concentrations, and that no
engineered barriers to contaminant transport exist. The purpose of this
analysis is to verify that all potentially affected sensitive receptors of
contaminants have been identified and to simulate concentrations over time of
contaminants at identified sensitive receptors.
(b) Contaminant transport from the landfill
and leachate storage structures using the design leakage rates and quantities.
The analysis must include the simulated concentration of contaminants at
sensitive receptors and at the monitoring wells to assess the potential impact
on ground and surface water quality in the event of discharge of pollutants
outside engineered containment systems.
(2)
Models. Complete
documentation of the modeling effort must be included in the report. This
documentation must address: the purpose of the modeling effort, the development
of a conceptual model of the aquifer system, data collection, description of
the contaminant transport model utilized, assignment of model parameters, model
calibration, sensitivity analysis, model validation, data preprocessing and
post processing, predictive scenarios, model results, and model
records.
H.
Plan
View and Profile View Drawings. The application must include drawings
showing all of the information required by section 2(C)(1) and the requirements
listed below. Applicants may amend the application drawings prepared in
accordance with the requirements of section 2(C)(1)(h) to include the
requirements of this subsection.
(1)
Plan View Drawings. The following must be included on the plan
views. The plan views must be drawn to the same scale as required in section
2(C)(1), and must show existing and proposed locations of:
(a) All utilities and structures on the site;
a description of these utilities must also be included;
(b) All surface water management structures
including ditches, culverts, diversion structures, detention basins, and
sedimentation basins;
(c) Borrow
pits, if applicable;
(d) Any areas
for stumps/brush, white goods, tires, or hot loads;
(e) Any gas monitoring probes and gas vents
outside the solid waste boundary, if applicable;
(f) Fencing and gates;
(g) Leachate management structures;
(h) Any waste storage or staging
areas;
(i) Temporary and permanent
soil stockpile areas; and
(j)
Baseline for cross-section drawings of the site.
(2)
Profile View Drawings.
Detailed profile views of the area within the solid waste boundary must include
the existing land surface, the base grade, proposed lifts, and the proposed
final grade and final elevation of the completed disposal site. Profile views
are required as follows:
(a) Cross-sections of
the area within the solid waste boundary taken at 100-foot intervals from a
baseline, to the same horizontal scale as the plan view in section 2(C)(1) of
this Chapter.
(b) Longitudinal
cross-sections of the area within the solid waste boundary, taken at 100-foot
intervals from a baseline, to the same horizontal scale as the plan view in
section 2(C)(1) of this Chapter.
(c) Typical cross-sections of the road and
water drainage features.
The frequency of cross-sections in paragraphs (2)(a) and
(2)(b) may be reduced if the applicant provides the Department with landfill
capacity information in accordance with the filling sequence detailed in the
cell development plan for the landfill. The resulting number of sections must
be sufficient to illustrate the information described above.
I.
Quality
Assurance Plan. A Quality Assurance Plan (QAP) must be established and
included with the application to assure that design specifications and
performance requirements for all facility components are met during
construction. The QAP must include, but is not limited to, the following:
(1) A description of the Construction Quality
Assurance (CQA) measures to be implemented.
(2) A description of the relationship between
the QAP, construction quality control, and the construction contract bid
documents. The construction contract bid documents must also clearly define
this relationship.
(3) A
description of the responsibility and authority that organizations and/or
personnel involved in permitting, designing, constructing, and certifying
construction of the landfillwill have. This must also include a description of
a construction problem resolution process that incorporates the roles and
responsibilities of all parties, including the owner, manufacturer, installer,
designer, CQA personnel, contractor, and the Department;
(4) The required qualifications of the CQA
personnel and testing laboratories. Qualifications must meet the requirements
of section 3(B). Personnel qualifications must include certification by the
National Institute for Certification in Engineering Technologies (NICET), where
applicable. Geosynthetics testing laboratories must be certified by the
Geosynthetic Accreditation Institute - Laboratory Accreditation Program
(GAI-LAP) for the tests to be performed.
(5) The inspections and tests to be performed
to ensure that the construction and the materials conform to contractual and
regulatory requirements for each landfill component. Appendix A of this Chapter
contains requirements for earthworks testing programs that do not utilize test
pads in accordance with section 2(F)(12).
(6) The sampling activities, sample size,
methods for determining sample locations, frequency of sampling, acceptance and
rejection criteria, and methods for ensuring that corrective measures are
implemented;
(7) Record keeping and
reporting requirements for CQA activities;
(8) A list and description of all items
requiring CQA certifications, including identification of the engineer(s)
responsible for these certifications.
NOTE: See EPA Technical Guidance Document # EPA/
R-93/182, dated September 1993, "Quality Assurance and Quality Control for
Waste Containment Facilities", for guidance in developing a quality assurance
plan and recommended implementation program for certified CQA personnel.
The applicant may propose basic standards and specifications
to meet these requirements at the time the application is filed, and
subsequently submit final detailed standards and specifications to the
Department for review and approval on a schedule approved by the
Department.
J.
Construction Contract Bid Documents. The applicant must provide
construction contract bid documents, including drawings, technical
specifications, and the contract administrative documents. The applicant may
provide draft construction contract bid documents at the time the application
is filed, and subsequently submit final detailed construction contract bid
documents to the Department for review and approval on a schedule approved by
the Department.
K.
Water
Quality Report and Proposed Monitoring Program. The water quality report
shall be prepared in accordance with the site characterization requirements of
06-096 CMR ch. 405. This report shall include a proposed water quality
monitoring program addressing the requirements of Section 2 of 06-096 CMR ch.
405. Surface water monitoring is not required at those landfills for which the
contaminant transport analysis indicates there is no potential for discharge to
a surface water body.
L.
Operations Manual. A copy of the operations manual must be
submitted as part of the application. The operations manual must meet the
requirements of section 4. The Department recognizes that certain information
may not be available at the time of application. Information not available at
the time of application must be included in a revised operations manual in
accordance with the requirements of section 4(A)(1).
